BHAIRAB PAUL Vs. GORA CHAND KUNDU

JUDGEMENT

(1.) THIS revisional application by the second party petitioners, which was taken up for ex parte disposal, is for quashing the proceeding, under section 107 of the Code of Criminal Procedure now pending against them before the learned Exe. Magistrate, bishnupur, being Case No. 211 -Misc. of 1979.

(2.) THE opposite party No. 1 Gora Chand Kundu started the said proceeding on the allegation that the petitioners had unlawfully caused obstruction to a pathway existing over their land, being plot No 773 of mouza Janata, preventing him thereby from using the same

(3.) THE application thus having been forwarded by the learned Magistrate to the Officer-in-charge, Bishnupur police Station, for inquiry and report, a report was submitted on August 19, 1979. by one Assistant Sub-Inspector of Police to the effect that the pathway was in existence for several years. On the basis of the said report, the learned Executive magistrate drew up a proceeding against the petitioners under section 107 of the code of Criminal Procedure and issued notice upon them. The petitioners entered appearance, furnished bail bonds as directed and on November 16, 1979 submitted their written statements showing cause against the proceeding. The said proceeding thereafter continued from day-to-day and shortly before the expiry of the period of six months from the date of the commencement of the inquiry, the learned Magistrate by his order dated May 6, 1980 directed the proceeding to continue beyond the said statutory period of six months as according to him, there was still apprehension of the breach of the peace. The said proceeding was continuing even when the learned Magistrate passed the impugned, order dated November 25, 1980 directing the C. S. I. to produce evidence by december 2, 1980.